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MATTER OF BERRY v. NEW YORK STATE DIVISION OF PAROLE

50 A.D.3d 1346 (2008)

855 N.Y.S.2d 310

In the Matter of KAHILL BERRY, Appellant, v. NEW YORK STATE DIVISION OF PAROLE, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided April 17, 2008.

In 1993, petitioner was convicted upon his plea of guilty of attempted possession of a weapon in the third degree and sentenced as a second violent felony offender to a prison term of two years to life. In May 2006, the Board of Parole denied petitioner's request for parole release for the seventh time and ordered him held for an additional 24 months. Petitioner commenced this CPLR article 78 proceeding challenging that determination. Following joinder of issue, Supreme Court...

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